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India's Oligarchy Shuts the People Out – and the Constitution Is to Blame -Bhanu Dhamija

-TheWire.in Only a serious overhaul can remedy the fundamental shortcomings in our Constitution. It is now clear that India, the world’s largest democracy, is being run by an oligarchy, a form of government where the real power lies with just a few individuals and families. This became tragically evident from the recent saga of India’s agricultural reforms. Three farm laws were enacted by a coterie in the Centre without even recognising that...

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2020: The people vs the Indian State -Yamini Aiyar

-Hindustan Times The anti-CAA protests, the defiance of migrants, and now the farmers’ stir show that the everyday practice of democracy is a powerful corrective in the face of arbitrary and unilateral State decisions Three events defined India’s political landscape in 2020. The protests against the Citizenship (Amendment) Act (CAA), the migrant labour crisis that unfolded as workers defied lockdown orders and asserted their rights, choosing to walk home in the face...

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Is the Sub-Classification of Scheduled Castes Justified? -Kailash Jeenger

-TheWire.in The bench led by retired Justice Arun Mishra supported classification of the SCs as 'more backward' and 'backward', and preference to the more backward castes for reservation in appointments. However, different views on the matter have emerged. In State of Punjab and Others versus Davinder Singh and Others (August 27, 2020), the bench led by retired Justice Arun Mishra supported the classification of the Scheduled Castes (SCs) into “more backward” and...

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The Erosion of Civic Space in South Asia -The South Asia Collective

-CaravanMagazine.in The South Asia Collective, a group of human-rights activists and organisations, recently published “The South Asia State of Minorities Report 2020: Minorities and Shrinking Civic Space” by the South Asia Collective. The report examines minority rights and the narrowing of space for human-rights defenders in light of increasing majoritarianism across the region. Its chapters, on Afghanistan, Bangladesh, Bhutan, India, Nepal, Pakistan and Sri Lanka, conclude that three basic freedoms—the Constitutional...

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Why Farm Laws Fall Afoul of the Constitution -M Sridhar Acharyulu

-Newsclick.in These laws denude federalism and attempt to turn a nation of farmers into an agricultural market led by big business. In 2018, the Aadhaar Act was passed as a money bill, which a dissenting judgement of the Supreme Court described as a “fraud on the Constitution”. A presidential notification amended Art. 370 of the Constitution by giving an anti-democratic interpretation to Art. 367. The Citizenship Amendment Act was brought in under...

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